§ 16-12-312 — Tax Administration

16-12-312 . Tax administration. (1) Not less than 90 days prior to the date that the local-option marijuana excise tax becomes effective, the county shall notify the department of the results of the election and coordinate with the department to facilitate the administration and collection of the local-option marijuana excise taxes.
(2) The department shall establish by rule:
(a) the times that taxes collected by businesses are to be remitted to the department;
(b) the office or employee of the department responsible for receiving and accounting for the local-option marijuana excise tax receipts;
(c) the office or employee of the department responsible for enforcing the collection of local-option marijuana excise taxes and the methods and procedures to be used in enforcing the collection of local-option marijuana excise taxes due; and
(d) the penalties for failure to report taxes due, failure to remit taxes due, and violations of the administrative ordinance. The penalties may include:
(i) criminal penalties not to exceed a fine of $1,000 or 6 months' imprisonment, or both;
(ii) civil penalties if the department prevails in a suit for the collection of local-option marijuana excise taxes, not to exceed 50% of the local-option marijuana excise taxes found due plus the costs and attorney fees incurred by the department in the action;
(iii) revocation of an adult-use dispensary license or medical marijuana dispensary license held by the offender; and
(iv) any other penalties that may be applicable for violation of an ordinance.
(3) The department's rules may also include:
(a) further clarification and specificity in the categories of goods that are subject to the local-option marijuana excise tax;
(b) authorization for business administration and prepayment discounts. The discount authorization may allow each vendor and commercial establishment to withhold up to 5% of the local-option marijuana excise taxes collected to defray their costs for the administration of the tax collection.
(c) other administrative details necessary for the efficient and effective administration of the tax.
(4) A county and the department may exchange information collected under the provisions of this chapter that is necessary to implement and administer a local-option marijuana excise tax or the tax collected under Title 15, chapter 64, part 1.

Legislative History

En. Sec. 97, Ch. 576, L. 2021.